Construction Practice Group Leader Ken Roberts was quoted on a potential advantage of arbitration in construction-related matters, based on the differing role and long-term view of arbitrators, and also addressed the challenge of getting arbitrators to grant a dispositive motion.
Ken said that judges often rule of these types of motions and are accustomed to handling them. Arbitrators, however, are more likely to try to ensure the proceedings are as fair and appeal-proof as possible. Getting arbitrators to grant a dispositive motion is difficult.
"It's pulling teeth out of a lizard to get a panel to actually do it," Roberts said.
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